Aidan Palicke was on his way to his fifth-period AP language arts class when he was stopped by a school supervisor.
The reason: Palicke, a junior at Yorba Linda High, was wearing a mesh facemask. School officials wanted something that would provide more protection for himself and others.
“I’ve never been called to the office before,” Palicke said. “I was confused and nervous because I always tried to be the best student I could be.”
When he was offered a blue surgical mask, he declined. After phone conversations with his parents, and an hour-plus meeting the following day, Palicke was told to not return to campus unless he had a more protective face covering, one without little holes in them.
That was in January, when COVID cases and hospitalizations were surging in Orange County and around the country. Palicke hasn’t returned to campus since.
Last month, his father, Chris Palicke, filed a lawsuit in Orange County Superior Court saying that his son was “specifically targeted” for wearing his mesh mask – as he’s worn since the beginning of the pandemic – and forced into an online independent study program through the district.
The school’s actions are described in the lawsuit as “targeted harassment and discrimination” which led to an “expulsion” into the home-based study program.
The complaint was filed by Palicke and the the Children’s Health Defense, California Chapter, a non-profit organization founded by Robert F. Kennedy Jr. that promotes an anti-vaccine agenda. The lawsuit names Yorba Linda High, the Placentia-Unified School District and various district and school officials, including six teachers.
Placentia-Yorba Linda Unified spokeswoman Alyssa Griffiths declined to comment on the lawsuit. She said no students have been expelled from the district for failure to comply with the face mask rules. District officials could not determine how many students were switched to the online program due to non-compliance or whether any were suspended for similar reasons.
For much of the pandemic, students and staff on school campuses across California have been required to cover their faces to protect themselves and others from COVID-19. That state mandate was lifted on March 12.
In an interview Monday, the older Palicke said his son has been denied his constitutional right to an education.
“We were compliant,” he said. “It wasn’t like he was saying ‘I’m not going to wear a mask.’”
The lawsuit alleges Aidan Palicke was singled out as presenting “a clear and present danger” in retribution for his parents’ vocal opposition to face masks and other district policies.
Chris Palicke, like some others who are against the use of face coverings, said it is unhealthy – even harmful – for children to wear masks for prolonged periods. Aidan Palicke said he finds it difficult to breathe and that he can’t concentrate on school work when he’s wearing regular masks.
According to the Centers for Disease Control, a proper fitting face covering is recommended to reduce transmission of the virus.
For nearly two years, Aidan wore his mesh mask, as did many other students and even some staff members, according to Chris Palicke, who has photos from indoor school events showing many students either wearing masks improperly or not bothering with them at all.
One photo of an indoor basketball game at Yorba Linda High, showing a large group of students unmasked, was blown up and displayed by a School Board member earlier this year. Some parents and some members of the school board have argued that the rules are enforced unevenly.
In a Jan. 14 letter, Superintendent Jim Elsasser updated families and staff on mask policy, writing “masks with holes and mesh masks are not acceptable.” That month, School Board President Carrie Buck cancelled two meetings because some in the audience either wore mesh masks or no masks at all. While the Centers for Disease Control and the California Department of Public Health recommend higher quality face masks, such as N-95s and others, there’s no specific guidance on mesh masks.
Aidan Palicke said the experience has affected his schooling and his relationships with fellow students.
About two weeks after he was barred from returning to campus, he was allowed back to take final exams. But he said several teachers forced him to take the tests outside when the temperature was in the 40s and he had not brought a jacket.
“It was cold. It was awkward. All of my peers were looking at me. My fingers went numb from the cold,” he said. “I couldn’t concentrate.”
According to the lawsuit, the younger Palicke has been ridiculed and mocked by other students – sometimes at the encouragement of teachers. As a result, he left the Yorba Linda High cross-country team, where he was a captain, as well as the track team. And although he could have returned to campus sans masks after the face mask requirement was lifted, Aidan and his father said too much has happened since. They plan to look at other academic options in the coming fall.
“I would rather stay home and be alone than go back to a bunch of kids who would make fun of me,” Palicke said Monday.
The lawsuit argues that school officials violated various education codes and constitutional rights while inflicting emotional distress. The lawsuit seeks, among other things, a court order barring the district from suspending or expelling students from in-person instruction for failing to comply with mask policy.
“We’re looking to stop schools from unilaterally having mandates that are harming and hurting children,” Chris Palicke said.
Aidan Palicke, who turned 17 last month, said he wants to ensure that other students – particularly younger ones – don’t experience what he did.
“I’m trying to protect those kids who can’t protect themselves,” he said.